May 21, 2012

CDC's Recent Report Reminds Our Chicago Personal Injury Lawyers of the Importance of Swimming Pool Safety

The combination of warm Chicago weather and Memorial Day weekend celebrations mean that many homeowners will be opening up their swimming pools soon. Although swimming pools are a wonderful source of enjoyment in Illinois during the warmer months, if pools are not operated, secured, or maintained properly, they can be very dangerous.

On the heels of a recent report by MSNBC detailing the fact that the Centers for Disease Control and Prevention’s latest study found that drowning remains the leading cause of death in children under age 4 (other than birth defects), our Chicago personal injury lawyers want to remind both swimming pool owners and parents alike to be careful around pools this summer.

The CDC's study revealed that each year, in the United States alone, approximately 3,900 people die from drowning and another 5,700 received emergency care for near- drowning incidents, said MSNBC. Even scarier was the fact that death rates were highest for children between ages 1 and 4 years-old, and more than half of all people treated in emergency rooms for near-drowning incidents were younger than 4 years old.

As a general rule, under Illinois law, a swimming pool owner is responsible for maintaining the condition of the pool and securing its surroundings. If pool owners fail to do those things and an injury or drowning occurs as a result, the pool owner may be held legally liable for damages arising from those injuries. 



Illinois land owner liability, otherwise known as Illinois premises liability law, is an important aspect of Illinois personal injury law that allows victims to recover after they have been injured on another person’s property, and the negligence of the property owner was the cause of that harm. In order to apply to a set of circumstances, premises liability law requires a number of factors to be satisfied: the defendant must be the owner or possessor of the land, or “premises” – in this case, the swimming pool. Additionally, the person or persons on the land of another must be injured by negligence or a different wrongful act; as it applies here, the landowner has a duty to maintain the pool and surrounding area. An Illinois premises liability lawsuit may be filed if the swimming pool operator did not follow regulations and perform his or her duties under the law.

Nevertheless, a Chicago personal injury attorney will attest that the best situation is one in which an injury is prevented before it occurs. In addition to being aware of the potential dangers of swimming pools, the CDC’s report recommends that “all parents and children should learn survival swimming skills," citing the fact that swimming lessons have been shown to reduce the risk of drowning among children under four in the United States. Additionally, other ways to prevent drowning include isolating pools with fences, avoiding alcohol use while swimming, boating or supervising children, wearing lifejackets while boating, and learning cardiopulmonary resuscitation, the report said.

Our Illinois swimming pool accident lawyers encourage everyone who spends time near the water this summer to be aware of the safety risks. Hopefully, with understanding and preparation, devastating injuries may be avoided altogether.

August 15, 2011

Boy hospitalized after being pulled from swimming pool

Our Chicago personal injury lawyers were so sad to read about the three year-old Illinois boy who is now hospitalized after being pulled from a swimming pool late last week. The Illinois pool accident happened near Collinsville, Illinois in the 1200 block of South Clinton Road in St. Clair County, Illinois. Illinois fire personnel indicated that the drowning victim was unconscious and unresponsive. No further information was available about the boy’s health and condition at the time.

Continue reading "Boy hospitalized after being pulled from swimming pool" »

June 29, 2011

Swimming Pool Lawsuit Leads to $1.2 Million Verdict

Illinois swimming accidents have the potential to cause severe injuries and death throughout this summer season. With the 4th of July holiday approaching it is likely that many area residents will celebrate the holiday in and around the water. Our Chicago injury lawyers felt it especially important to remind all swimmers, pool owners, and operators to re-familiarize themselves with the consequences of unsafe swimming pool conditions.

For example, last week The Daily Telegram reported on the end of a swimming accident lawsuit that was filed following a pool injury. The victim in that case was at a gathering at a friend’s home. Apparently the victim and another guest were horse-playing on the deck of the pool, when the other guest pushed the young woman into the pool. Then, for unknown reasons, a third guest pushed another into the pool and directly on top of the woman who was still in the water. The weight of the man being pushed onto her while in the water caused extensive damage.

The woman’s neck was broken in the accident. Fortunately she was not paralyzed, but she still suffered permanent debilitating injuries that have had severe consequences on her life. She is self-employed and did not have medical insurance at the time of the injury, racking up over $100,000 in hospital bills. The victim’s business suffered significantly following the accident and she is unable to work as much as she has in the past.

The judge in the case recently entered a default judgment on behalf of the victim, because the defendant failed to respond in any way since being sued. The judge entered an order for $1.2 million, but it is unclear what assets the defendant has to satisfy that judgment.

Continue reading "Swimming Pool Lawsuit Leads to $1.2 Million Verdict" »

June 26, 2011

Illinois Pool Drowning takes the Life of Toddler

Last week brought news of a tragic Illinois swimming accident that claimed the life of a 16-month old area child. According to Chicago Breaking News the victim was found unresponsive at the bottom of a family pool. Those who found her quickly called local emergency responders, and she was taken to a nearby hospital. While it is unclear exactly how long the girl was under the water, she had suffered severe injuries by the time she was located. The toddler survived the first night at the facility but passed away the next morning. The girl lived in Wheaton, but the accident occurred at a pool in an unincorporated part of Kendall County.

Local authorities investigated the incident to confirm that no foul play was involved. They have now officially ruled the pool drowning an accident.

The tragic Chicago swimming accident is a sad reminder of the danger that these pools pose to all swimmers, particularly young children. From the perspective of a Chicago personal injury attorney, it is important to consistently remind our readers that supervision remains an essential part of the safety process, yet, owners and operators must still ensure that other safety measures are followed. Drains need to be properly covered, lifesaving rings and hooks need to be near the water, protective fencing must be installed, gates must have locks, and other common-sense measures must be taken.

The rules are particularly stringent when it comes to pools in apartment complexes, hotels, water parks, and community centers. The law requires that those locations take many steps to ensure the safety of those who use the water. There is no excuse for one of these larger pools to lack basic features intended to promote safe and facilitate rescue.

Continue reading "Illinois Pool Drowning takes the Life of Toddler" »

June 25, 2011

Chicago Personal Injury Lawyer Alert: Drowning Accidents Often Occur in Portable Swimming Pools

Many Illinois residents use portable (and affordable) swimming pools to beat the summer heat if do not have access to in-ground pools or nearby natural water. Many companies have capitalized on the popularity of summer swimming to more aggressively market these cheaper pools. Our Chicago personal injury lawyers have seen the myriad of versions of these pieces of recreational equipment, from one foot deep plastic tubs to larger, air-filled models. However, new research lends credence to the fact that many Illinois drowning accidents strike in these devices.

Efforts to make theses pool as cheap as possible often comes with safety sacrifices. For example, much national attention has been drawn to a new study published in the journal Pediatrics that explored the prevalence of swimming pool accidents caused by these portable devices. Shockingly, the investigation found that roughly one child dies every five days in the summer in a portable pool drowning. The actual danger of the pools is likely much higher because that statistic only includes submersion statistics, not other forms of pool accidents.

The ease with which accidents can strike in these pools may shock many local observers. For example, one accident mentioned in the study involved a parent who fell asleep in a wading pool while holding a child. The infant eventually drowned in only two inches of water. Another case involves nine-year old twins who became entangled in a portable pool cover and drowned.

Some researchers believe those in charge of making these devices need to take some responsibility for the deaths. One advocated explained that “many of the protection methods and devices for in-ground pools are too expensive or not available for portable pools. Manufacturers need to step up and try to help consumers by coming up with affordable and effective prevention devices.”

Continue reading "Chicago Personal Injury Lawyer Alert: Drowning Accidents Often Occur in Portable Swimming Pools" »

May 26, 2011

Chicago Injury Lawyer Alert: Pools may be affected by product recall of drain covers

Federal regulators recently announced a product recall that may hit close to Illinois homes this Memorial Day weekend. Many pools across the country will need to replace faulty safety equipment that can lead to swimmers getting trapped underwater and drowning. The product recall of pool drains involves 1 million covers. The timing of the product recall by the United States Product Safety Commission (CSPC) made many pool owners and operators frustrated. Our Illinois product liability lawyers hope that such action will prevent injuries or deaths. Pool owners and operators have, in the recent years, installed safety equipment; unfortunately, this has failed to make these drains safe. Hiring a pool professional to replace drains can cost hundreds of dollars, which frustrates the homeowners and operators. The CPSC noted that larger pools with multiple drains or gravity draining systems will not need to close, but those with a single main drain will need to close if their drain is one of those recalled.

The danger of pool drains, which may seem harmless, occurs when the drains do not have proper covers. Then, the drains can act like supercharged vacuum cleaners, which are capable of trapping people under water with hundreds of pounds of suction force. Earlier this year, a Chicago Tribune investigation revealed how pool drain covers failed safety tests. The investigation revealed a confidential report where witnesses to tests concluded that some pool drain covers certified that the drains could result in “serious injuries and/or death.” The CPSC had also fielded safety complaints about the drain covers for more than two years, but did not launch any investigation until last year.

Continue reading "Chicago Injury Lawyer Alert: Pools may be affected by product recall of drain covers" »

September 20, 2010

Naperville wrongful death lawsuit filed after pool death

A Naperville wrongful death lawsuit has been filed following a pool death in Crete, Illinois. The mother of the Naperville victim filed an wrongful death lawsuit against the owner of the Crete property. The 23 year-old wrongful death victim was killed when he dove into a 4-foot-deep pool in June at a home in Crete. The Naperville wrongful death lawsuit was filed in Cook County Circuit Court. The 23 year-old Illinois man was pronounced dead on July 1 at Advocate Christ Medical Center in Oak Lawn, Illinois. An autopsy revealed that the 23 year-old died of ischemic bowel, which means inadequate flow of oxygenated blood to the large intestine and cervical injuries from the Illinois diving accident. The wrongful death lawsuit alleges that the Crete homeowner invited the victim to his home and allowed people to dive into the pool without warning them that it was only four feet deep. Additionally, the Cook County wrongful death lawsuit claims that the homeowner failed to monitor pool activities. The Cook County lawsuit seeks more than $100,000.

Unfortunately, wrongful death accidents like the one described above are not entirely uncommon. In 2009, a jury awarded a family $3.8 million in a pool drowning lawsuit against a hotel for the death of a 19 year-old football player. The football player suffered severe personal injuries that resulted in wrongful death while swimming in a hotel pool. Cook County wrongful death lawsuits are filed on behalf of victims who die due to the negligence of another individual.

Visit Suburban Chicago News to read more about the Naperville wrongful death lawsuit.

May 11, 2010

Illinois lawsuit alleges lifeguard negligence in drowning wrongful death

The St. Clair Record reported that a recently filed Illinois wrongful death lawsuit alleges that the man died while swimming in a crowded Madison County Illinois lake after a lifeguard failed to provide him adequate assistance. In fact, the Illinois negligence lawsuit further contends that the lifeguard was allegedly talking and texting on her cell phone at the time of the incident.

The special administrator of the deceased man’s estate reported that the 45 year-old man visited Holiday Shores in July with his family. He decided to enjoy a swim in a designated beach area located in Edwardsville, Illinois. He was not alone – a number of other guests had also decided to swim in the same area that day. The wrongful death lawsuit alleges that the club should have had two lifeguards on duty because of the significant number of guests, instead of only one.

The Illinois drowning lawsuit also states that the 45 year-old decedent was swimming in the lake and began coughing and needing assistance. Friends and witnesses yelled and requested help, but the lifeguard did not reply in a timely fashion. The lifeguard had been on her cell phone throughout the day and was using her celphone at the time the incident occurred. Because of the lifeguard’s negligence, the lawsuit alleges, the victim’s deceased body was not discovered for more than one hour! The Illinois wrongful death lawsuit seeks a judgment of more than $150,000.

Click here to read more about the Illinois drowning lawsuit.

December 27, 2009

Lack of rescue equipment cited in Illinois pool drowning

The Daily Herald recently reported on a tragic Illinois drowning case. The mother of a pool drowning victim who died in a swimming pool at the Illinois Pheasant Run Resort and Spa in 2007 has filed a wrongful death lawsuit against the resort. The wrongful death lawsuit alleges that a lack of required safety and rescue equipment contributed to the drowning victim’s death. Nearly two years ago, the 21 year-old victim drowned while swimming in the resort’s indoor-outdoor pools. The Illinois wrongful death lawsuit was filed in Kane County Circuit Court.

Continue reading "Lack of rescue equipment cited in Illinois pool drowning" »

December 3, 2009

Cook County jury awards a gross verdict of $8.1 million to victim of swimming pool accident

A Cook County jury has granted an $8.1 million award to a 22 year-old man who dove into a swimming pool and was rendered an incomplete quadriplegic. This is the highest pool-related accident verdict in Illinois.

Continue reading "Cook County jury awards a gross verdict of $8.1 million to victim of swimming pool accident " »

September 16, 2009

Family awarded $3.8 million in pool lawsuit

A jury returned a $3.8 million pool lawsuit verdict last week against a hotel in a lawsuit filed by the family of a 19-year old football player. The 19 year-old suffered severe personal injuries that resulted in his wrongful death two years ago while swimming in the hotel’s pool.

To read more about the $3.8 million pool lawsuit award.

July 7, 2009

Your swimming pool filter could be dangerous

With summer in full force, many Chicago residents are spending time in their pools to cool off. However, practice safety when swimming and enjoying the summer pools! Recently, Levin & Perconti blogged about how most the country’s pools are not in compliance with current safety standards. Now, more incidents of product liability have arisen regarding pool filter explosions. The pool filter system has to be cleaned about twice a month, re-pressurizing gets tricky, though. If there is too much air, explosion can occur and the lid can blow up.

To read more about the swimming pool filter dangers.

June 27, 2009

Wife crusades against pool filters that killed husband

Almost three years ago, a wrongful death victim died days after he was critically injured when his pool’s two-piece, kettle style pool filter exploded and struck him in the head. Now his wife is focused on spreading the word about the potential danger of certain pool filters. Incidents tracked by the Consumer Product Safety Commission has shown that there have been at least 22 similar product incidents reported since 1982, including four wrongful deaths.

To read more about the pool filter wrongful deaths.

May 26, 2009

CSPC announces new child drownings report

The Consumer Product Safety Commission recently provided updated figures on child drowning deaths and injuries in pools and spas. Nearly 300 children younger than 5 drown in pools and spas yearly and 3,000 suffer pool-related personal injuries. About 80% of the drowning fatalities occurring in residential settings, such as the home, or a friend’s home.

Levin & Perconti has blogged quite heavily on child drowning issues, especially as summer approaches. For safety tips, click here.

To read more about the CSPC drownings report.

April 30, 2009

Jury awards $14 million to family of drowning victim

A jury awarded the family of a 4 year-old drowning victim nearly $14 million in damages this week. The personal injury victim drowned on the first day of summer camp almost four years ago. Ten of the eleven defendants accused of negligence in the personal injury lawsuit admitted that they had been negligent.

To read more about the drowning lawsuit.

April 14, 2009

Beware of silent killer: drowning

With summer fast approaching and more tales of drowning coming up daily, we at Levin & Perconti thought that this Arizona Daily Star article was timely. Drowning is often referred to as the “silent killer” because there is usually no cry for help and very little commotion. Please keep toys away from pools and fence in any hot tubs or pools.

To read more safety tips to avoid drowning.

April 13, 2009

Toddler drowns in hot tub

In another tragic drowning story, a two-year old girl drowned over the weekend in her family’s hot tub. She was pronounced dead at a nearby hospital. If you have a pool or hot tub, the attorneys at Levin & Perconti urge you to review these tips for water safety.

To read more about the toddler’s drowning.

April 12, 2009

How to prevent child drowning

In light of the recent child drowning that Levin & Perconti blogged about, this Mayo Clinic article on childhood safety is entirely appropriate. When having a residential swimming pool, you can attempt to prevent personal injuries by fencing it in, installing alarms, blocking pool and hot tub access, teaching children to swim, removing toys, keeping your eyes peeled, and being wary of drains. The article also offers tips on avoiding drowning dangers in natural bodies of water and toilets, bathtubs, and buckets.

To read more about the child safety tips.

April 10, 2009

4 year-old boy drowns in pool

A four-year old boy who climbed over a fence guarding the family pool has died. The boy and his five-year old sister scaled the fence and got into the pool. The boy began to drown and has since died.

Levin & Perconti wish to remind everyone, especially as summer approaches, to be mindful and responsible when near pools to avoid injuries.

To read more about the 4 year-old drowning.

March 25, 2009

Are pool drains safe for kids yet?

With summer fast approaching, we at Levin & Perconti are concerned whether pool drains are safe for kids yet. Last summer, numerous reports surfaced that public pools lacked the proper product safety. A recent AP article addressed that nearly three months after a federal deadline to make public swimming pools safer, many have yet to be fitted with equipment aimed at preventing product liability and keeping children safe from powerful and sometimes deadly suction of drains.

To read more about the pool drain safety issues.